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(영문) 서울중앙지방법원 2019.10.08 2018고합1107
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On May 16, 2019, the Defendant was sentenced to 8 years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court on August 30, 2019, and the judgment became final and conclusive on August 30, 2019. On August 29, 2019, the Seoul High Court sentenced 1 year and 6 months of imprisonment with prison labor for the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

【Criminal Facts】

The prosecutor originally filed a prosecution for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), but filed an application for permission to amend the bill of amendment to the indictment on August 1, 2019, adding alternatively the facts charged for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) to the facts charged for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and permitted this court on the fifth trial

The Defendant is a representative director of a stock company B (hereinafter referred to as “B”) with the objective of investment trading business, etc. and a unemployed of C (hereinafter referred to as “C”).

Around August 2016, in order to raise funds to be invested in D Co., Ltd. (hereinafter referred to as “D”) with a view to planning of video works and making investments in the course of operating B, the indictment of the Victim ECo. (hereinafter referred to as “victim Co., Ltd.”) stated that the said association is “private investment association”. However, the said association constitutes a private investment association not established pursuant to Article 13 of the Act on Special Measures for the Promotion of Venture Businesses, but constitutes a private investment association under the Civil Act, and thus, constitutes a partnership under the Civil Act without any disadvantage to the Defendant’s exercise of his/her right

After its establishment, C has been designated as the representative partner of the victim union, and C's investment amounting to KRW 720 million and the Defendant's investment amounting to KRW 30 million.

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